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1,094 result(s)
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826.
City of Montreal v. Lesage - [1923] SCR 355 - 1923-04-03
Supreme Court JudgmentsMunicipal law
Quebec R.L.H. & P. Co. v. Vandry ([1920] A.C. 662) and The City of Montreal v. Watt & Scott ([1922] 2 A.C. 555) followed; and in order to bring itself within the exculpatory clause of article 1054 C.C., it is not sufficient for the appellant to prove that the cause of the bursting is unknown. [...] Et dans une cause encore plus récente, décidée par le conseil privé, savoir celle de City of Montreal v. Watt & Scott[8], le conseil privé a maintenu le principe qu'il avait énoncé dans la cause de Vandry (2), en y ajoutant cependant ceci:— [...] Since the judgment of the Court of King's Bench was rendered, their Lordships of the Judicial Committee in City of Montreal v. Watt & Scott, Limited[11], explained the meaning of their decision in the Vandry Case (1), and said at p. 563:—
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827.
Riordon Co. v. Danforth Co. - [1923] SCR 319 - 1923-04-03
Supreme Court JudgmentsAction
Duff J.—In the fall of 1921 the appellant company became financially embarrassed; and on the 11th October of the same year the company requested Mr. Scott, an authorized trustee in bankruptcy, to call a meeting of its creditors to enable it to submit a proposal for an extension of credit, the proposal being that credit
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828.
The Governor and Company of Gentlemen Adventurers of England v. Vaillancourt - [1923] SCR 414 - 1923-04-03
Supreme Court JudgmentsTorts
City of Montreal v. Watt & Scott Ltd.[9] I doubt myself if exposition could make the meaning of the language used in either text plainer than it is.
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829.
City of Port Coquitlam v. Wilson - [1923] SCR 235 - 1922-12-19
Supreme Court JudgmentsTorts
the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the event arose from want of care on the part of the defendant (see Scott v. London and St. Katherine Docks Co.[17]. [...] Erle C.J., in Scott v. London & St. Katherine Dock Co.[29], and are generally considered as expressing the rule res ipsa loquitur. [...] Inasmuch as by law the person in whose premises a fire begins is liable for the damage it causes to neighbouring property unless he shews that it began accidentally, no prejudice could be caused by stating to the jury the rule in the terms of Scott v. London & St. Katherine Dock Co.[30], which is very largely to the
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830.
Shaw v. Masson - [1923] SCR 187 - 1922-12-19
Supreme Court JudgmentsAction
H.J. Scott K.C. for the appellant. W.L. Scott K.C. for the respondent. [...] Solicitors for the respondent: Ewart, Scott, Kelley & Kelley. [1] 10 Ves. 292.
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831.
Canadian Vickers Ltd. v. Smith - [1923] SCR 203 - 1922-11-27
Supreme Court JudgmentsTorts
Quebec R.L.H. & P. Co. v. Vandry ([1920] A.C. 662) and City of Montreal v. Watt & Scott ([1922] 2 A.C. 555) followed. [...] —which, as their Lordships' later judgment in City of Montreal v. Watt & Scott[7], explains, implies "unable by reasonable means." [...] Scott Case[11], in addition to the views they had ex-pressed in the Vandry Case[12], their Lordships stated that
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832.
MacDonald v. Pier - [1923] SCR 107 - 1922-11-27
Supreme Court JudgmentsAction
Under these circumstances the plaintiff comes before this court without offering any assurance, or even alleging, that, if the case be sent back for a new trial, any evidence different from or in addition to that adduced at the original trial before Mr. Justice Scott will be forthcoming. [...] He did not even state that he was instructed that the evidence at the new trial would in any respect differ from that passed upon by Mr. Justice Scott.
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833.
La Ville St-Michel v. Shannon Realties Ltd. - (1922) 64 SCR 420 - 1922-10-10
Supreme Court JudgmentsMunicipal law
plan étaient, depuis deux ou trois ans avant l’action, cultivées comme le restant de la terre, car le tout, à l'exception de ce qui a été vendu, est loué au fermier, un nommé Scott, qui l'occupe et le cultive depuis une trentaine d'années, pour un loyer annuel de $225.00.
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834.
Major v. Canadian Pacific Railway - (1922) 64 SCR 367 - 1922-06-17
Supreme Court JudgmentsTransportation
The plaintiff is, therefore, in establishing his cause of action, obliged to invoke an illegal act in which he participated and consequently cannot maintain his action; Simpson v. Bloss[5]; Taylor v. Chester[6]; Scott v. Brown.
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835.
In Re The Chief Justice of Alberta - (1922) 64 SCR 135 - 1922-05-02
Supreme Court JudgmentsStatutes
To the second question:—The letters patent of the 15th September, 1921, nominating Honourable Mr. Scott Chief Justice of Alberta are wholly ineffective. [...] On the same day, the 15th September, 1921, the Governor General, by commission under the Great Seal of Canada, appointed the Honourable David Lynch Scott described as [...] Notice of the hearing under this reference was given by order of the court to the Hon. Horace Harvey and to the Hon. David Lynch Scott, as well to the Attorney-General of Alberta.
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836.
Wolfe v. The King / Powers v. The King - (1921) 63 SCR 141 - 1921-12-09
Supreme Court JudgmentsState
See Scott v. London and St. Katherine Dock Co.[2]. McLean v. Rhodes Curry & Co.[3].
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837.
Canadian Pacific Railway Co. v. Hatfield and Scott Ltd. - (1921) 62 SCR 524 - 1921-11-21
Supreme Court JudgmentsTransportation
Canadian Pacific Railway Co. v. Hatfield and Scott Ltd., , (1921) 62 SCR 524 [...] Canadian Pacific Railway Co. v. Hatfield and Scott Ltd., (1921) 62 S.C.R. 524 [...] Hatfield and Scott, Limited (Plaintiff) Respondent. 1921: October 18; 1921: November 21.
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838.
Kerrigan v. Harrison - (1921) 62 SCR 374 - 1921-10-11
Supreme Court JudgmentsProperty law
H.J. Scott K.C. and McEvoy for the respondent, cited Haywood v. Brunswick Permanent Building Soc.[7]; Andrew v. Aitken[8]; Austerberry v. Oldham[9].
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839.
Samuel v. Black Lake Asbestos and Chrome Co. - (1921) 62 SCR 472 - 1921-10-11
Supreme Court JudgmentsContract
H.J. Scott K.C. and R.S. Cassels K.C. for the respondents referred to British Westinghouse Electric Co. v. Underground Electric Railways Co.[4]
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840.
Collins v. The King - (1921) 62 SCR 154 - 1921-06-20
Supreme Court JudgmentsCriminal law
It is not within our province, as was held by a majority of this court in the recent case of Scott v. The King (24th of Feb., 1921), materially to modify, qualify or enlarge the scope of a question in a reserved case merely because it does not cover the ground of appeal which counsel presents to the court, although that
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841.
The Canadian Pacific Railway Company v. Smith - (1921) 62 SCR 134 - 1921-06-20
Supreme Court JudgmentsTorts
It was hired by them, although Scott was the one who acted for his companions as well as for himself in hiring it. [...] It was they who entrusted the driving to Scott. In my opinion, the Bernina case[8] has no application if Scott in driving the motor-car was acting as the agent or servant of his companions.
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842.
Canadian Northern Railway Co. v. Horner - (1921) 61 SCR 547 - 1921-02-24
Supreme Court JudgmentsTorts
Scott v. The London and St. Katherine Docks Co.[2]; Flannery v. Waterford and Limerick Rly. Co.[3]. [...] In Scott v. London and St. Katherine Docks Co.[9], Erle C.J. said at p. 601:— [...] Palles C.B. followed Scott v. London & St Katherine Docks Co.[12], and, at p. 39 said:—
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843.
Killoran v. Monticello State Bank - (1921) 61 SCR 528 - 1921-02-24
Supreme Court JudgmentsBills of exchange
W. L. Scott for the appellant. A. B. Hogg for the respondent. IDINGTON J.—The appellant signed what are in due form two ordinary promissory notes for $700 each That was followed on each of the same sheets of paper at the respective heads of which each of said promissory notes had been written and signed by appellant, by an [...] MIGNAULT J.—I have duly considered all that Mr. Scott said in his very able argument for the appellant and in the memorandum which he has since filed.
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844.
Fuller v. Garneau - (1921) 61 SCR 450 - 1921-02-01
Supreme Court JudgmentsSale
APPEAL from the judgment of the Appellate Division of the Supreme Court of Alberta[1], affirming the judgment of Scott J.[2] and dismissing the appellant's action. [...] The appellant is entitled to be paid his costs of the appeals to the Appellate Division and to this court; and the costs of the motion before Mr. Justice Scott should be costs in the cause to the plaintiff in any event thereof.
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845.
Abell v. The Corporation of the County of York - (1920) 61 SCR 345 - 1920-12-17
Supreme Court JudgmentsTransportation
H.J. Scott, K.C. for the appellant. Lennox for the respondent. THE CHIEF JUSTICE:—The contest in this case is as to the right of the now appellant to maintain a raceway in connection with his mill property under the surface of a highway called Pine Street in the village of Woodbridge.
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846.
Lavin v. Geffen - (1920) 60 SCR 660 - 1920-11-23
Supreme Court JudgmentsContract
APPEAL from the judgment of the Supreme Court of Alberta, Appellate Division,[1] reversing the judgment of the trial judge, Scott J., who had dismissed the respondent's action and ordering a new trial.
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847.
Magdall v. The King - (1920) 61 SCR 88 - 1920-06-21
Supreme Court JudgmentsCriminal law
W. L. Scott for the respondent. THE CHIEF JUSTICE.—This was an appeal from the judgment of the Appellate Division of the Supreme Court of Alberta which, on an equal division of opinion, refused to quash a conviction against the appellant prisoner under section 212 of the Criminal Code for having, under promise of marriage, [...] After hearing Mr. O'Connor, counsel for the appellant, on the question of corroboration, we were unanimously of the opinion that there was sufficient evidence of corroboration, and Mr. Scott was not called on to reply on that point.
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848.
Marconi Wireless Telegraph Company v. Canadian Car and Foundry Co. - (1920) 61 SCR 78 - 1920-06-21
Supreme Court JudgmentsIntellectual property
Scott & Co.[2], whom the Court of Appeal refused to hold liable for damages. [...] In the absence of a Canadian statutory provision corresponding to s. 33 of the "Patents and Designs Act," 1907, (Imp.) 7 Ed. VII., c. 29, the fact that the defendant was an innocent infringer does not entitle it to relief from liability for the damages sustained by the plaintiffs—(Nobels Explosive Co. v. Jones, Scott &.
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849.
Watt and Scott v. City of Montreal - (1920) 60 SCR 523 - 1920-05-04
Supreme Court JudgmentsTorts
Watt and Scott v. City of Montreal, , (1920) 60 SCR 523 Supreme Court of Canada [...] Watt and Scott v. City of Montreal, (1920) 60 S.C.R. 523 Date: 1920-05-04 [...] La compagnie Watt & Scott porte les deux poursuites en appel devant cette cour.
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850.
Davidson v. Sharpe - (1920) 60 SCR 72 - 1920-02-03
Supreme Court JudgmentsSale
Jackson v. Scott[15]. Indeed it would seem to be altogether probable that what was intended by the learned Chief Justice of British Columbia was that personal judgment against the defendant should issue forthwith upon the amount due being ascertained and certified and should be enforceable as to the debt and interest during